UPSC Mains LAW-PAPER-II 2016

In determining the quantum of criminal liability, the law takes into account the motive, magnitude and character of the offender." Examine this statement in the light of absence of mens rea in statutory offences.

The Prevention of Corruption Act, 1988 prevents the public servants from misuse and abuse of their official capacity." Comment.

"No fault liability rule has undergone a drastic change in the recent past." Comment.

"Malice is not to be inferred merely from the acquittal of the plaintiff. The plaintiff must prove independently of the acquittal that his prosecution was malicious and without reasonable and probable cause." Comment.

Critically examine the Code of Criminal Procedure (Amendment) Act, 2005 especially with reference to plea bargaining.

Section 124A of the IPC dealing with sedition is ultra-vires of the Constitution insofar as it seeks to punish merely bad feelings against the Government. It is an unreasonable restriction on freedom of speech and expression guaranteed under Article 19(1)(a) and is not saved under Article 19(2) of the Constitution by the expression "in the interest of public order"." Comment.

"Culpable homicide is not murder, if it is committed without premeditation, in a sudden fight in the heat of passion." Critically examine the statement with leading case law.

"A man is not criminally responsible for unintended and unknown consequences of his lawful acts performed in a lawful manner, by lawful means with proper care and caution." Elucidate.

"Harm suffered voluntarily does not constitute a legal injury and is not actionable." Elaborate along with its limitations.

"But still, direct evidence of negligence is not always necessary and the same may be inferred from the circumstances of the case." Elucidate with cases.

"It is immaterial whether the defendant intended the defamatory statement to apply to the plaintiff or knew of the plaintiff's existence if the statement might reasonably be understood by those who knew the plaintiff, to refer to him." Elucidate with case law.

Provisions of the Consumer Protection Act, 1986 shall be in addition to and not in derogation of the provisions of any other law for the time being in force." Critically examine the statement.

The law making conspiracy a crime is designed to curb immoderate power to do mischief which is gained by a combination of the means." Explain.

Every confinement of the person is an imprisonment, whether it be in a common prison or in a private house, or in the stocks or even by forcibly detaining one in the public streets." Explain with the help of case law.

An offer is to an acceptance what a lighted match-stick is to a train of gunpowder. It produces something which cannot be recalled or undone" - Anson. Explain.

Every contract contains a 'core' or 'fundamental obligation' which must be performed. If one party fails to perform this fundamental obligation, he will be guilty of a breach of contract whether or not any exempting clause has been inserted which purports to protect him." Critically examine the statement with case law.

In determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in the firm, regard shall be had to the real relations between the parties, as shown by all relevant facts taken together." Comment.

A owed B₹ 1,000, but the debt is barred by the Limitation Act, 1963. Subsequently A signs a written promise to pay ₹ 1,000 on account of the previous debt. Decide the validity of this agreement.

Every sole maker, drawer, payee or endorsee, or all of joint makers, drawers, payees, or endorsees, of a negotiable instrument may endorse and negotiate it." In the light of the above statement, distinguish between endorsement and negotiation and also explain different kinds of 'endorsements'.